INQUIRERS' CORNER

NZ Truth, Issue 1149, 8 December 1927, Page 20

INQUIRERS' CORNER

Answers will be published as early as possible after receipt of questions and so far as possible m order of rotation of receipt. All letters must be written m ink and be addressed "Interpreter" c/o "Truth," Manners Street, Wellington. While we take no responsibility for any answer given m these columns every endeavor will be made to see that they are absolutely correct. Answers to legal queries must be accepted merely as a guide as to whether or not it is worth while going to the expense of placing matters inquired about m the hands of a solicitor for further action. No replies can be made by post. No anonymous inquiries will be answered, and inquiries of this nature will not be preserved. Frivolities and questions not of general interest will not be answered.

MARRIAGE AND DIVORCE Q.; If an Italian couple are married In New Zealand by the Italian Consul, could a divorce be obtained by either party on sufficient grounds m New Zealand?— "H.C." (Wellington). A,. Yes, provided the man is domiciled m New Zealand. As to certain grounds the Divorce Act also requires two years' residence m New Zealand prior to bringing action. Q.: Is it legal for a married woman to become engaged to a third party In anticipation of a divorce and remarriage, and to accept an engagement ring? — "Wondering" (Brooklyn). A.: Such an arrangement is common, although it is usually not disclosed. The courts have decided that such a conditional contract to marry is void as being against public policy. It cannot be sued on, so that damages cannot be recovered m the event of breach. Q.; (1) I left England three years ago to come to New Zealand and have not been back since. I have repeatedly asked my wife to come here and she has refused. Have I any grounds for divorce? (2) To whom, should I apply m the first place, having very little money? (3) (a) Would my wife m the event of my obtaining a divorce be able to ask for alimony and (b) would this alimony be still payable even if she remarried? — "Eureka" (Auckland). A.: (1) Yes. You may petition for a divorce on the ground of desertion. (2) You should see a barrister and obtain an opinion as to whether you can proceed m forma pauperis. (3) (a) She can, but it is not at all likely to be granted; (b) It would cease on her remarriage. WILLS

Q.: My mother died leaving- no valid will. She was survived by her husband, sons and daughters. (1) Her property amounted to £5000. How is it divided? (2) What amount will the Government take? •—"Anxious" (Gisborne)

A:: (1) An unsigned will is. of no effect whatever. One-third will go to the husband. The remaining twothirds will be divided equally between • her children. (2) The estate duty will be 4 per cent. — £200. The husband, who will receive £1600, will pay 2 per cent. — £32 —

as succession

duty. No succes- = |I|||)|l||m(| sion duty would by payable by the children

Q.: I have a fair amount of property and intend making a will. I have four children and if I leave one out can she claim a share? She is married, but not well off. — "Anxious" (Thorndon).

A.: The will will be perfectly valid, but It will operate subject to any order the court may see fit to make under the Family Protection Act m favor of the daughter left out. As to whether the court would make an order will depend on all the circumstances of the case. r-'SURANCE Q.: I signed a proposal for a Life Tnsurance Policy and paid the flrßt premium. A Conditional Policy was issued pending the result of a medical examination. I found that the company was "not too good," and decided not to proceed with the insurance, and have not submitted myself for examination. Can I recover the first premium? — "Insurance" (Timaru). A.: Not on those grounds. You should submit to the examination. If rejected, you will be entitled to a refund. COMPENSATION Q.: Is a laundress, who m the course of her employment at a public hospital, contracted typhoid fever, entitled to claim compensation under the provisions of the Workers' Compensation Act from the Hoscpital Board? — . "A.8.C." (Auckland). A.; The Workers' Compensation Act is intended to deal with cases of accident only, and not to provide compensation for sickness arising m the natural course of the employment. Thus if the disease had been contracted through a tube containing the germs of the disease breaking and liberating the germs on the worker, compensation might be claimed. It cannot, however, be said that a laundresß who contracts disease by coming m contact with linen used by a person suffering from such disease, does so by accident. Compensation therefore cannot be claimed.

HOUSING AND RATES Q.; A party bought a house anfl section of me about three years ago; they owe me about £500. Can they re-sell without my consent? — "Truth Reader" (Invercargill) . A.: In default of any express agreement to the contrary there Is nothing to prevent the purchaser selling his interest. You are not prejudiced m any way by a sale as the liability of the original purohaser to you is not affected. LEGAL Q.: What Is the effect of serving a term of imprisonment m accordance with an order on a judgment summons? Am I released from payment of my debt? — "P.L." (Wanganui). A.: You are not released from the debt. You still remain liable on the judgment, but a recent magisterial judgment has decided that a judgment debtor who haa served his term of imprisonment cannot be brought up on a second judgment summons. If that is correct, the judgment creditor must have recourse to other means of enforcing the judgment such as distress warrant attachment order, etc. You can be arrested without notification if an order has been made for payment by instalments. GENERAL Q.; I entered Into a contract with a correspondence school to take a certain course. I paid several instalments, but then found that the subject was no good to me, Can Ibe released from my contract? — "Subscriber" (Wanganul).

A.: The school Is quite entitled to insist on payment for the full course.

Q.: Is it legal to publish the award of an arbitrator m the newspapers? — "Flax Stick" (Huntly). A.: Yes.

Q.: A father by his will directed

that at any time after all his boys

had reached the age of 21 years his land must be

| sold if all the | boys asked for it | to be sold. One | son refuses to | consent. Can he

is bound to order a sale by public auction m lieu of partition on the request of at least half the owners. By this procedure the property can be sold irrespective of the power of sale contained m the will.

Q.: (1) A step-daughter Is insured m step -father's surname. Tn event of daughter's death, would the money be paid to him or to the mother of the girl? (2) Can the mother appoint a guardian for girl without the consent of step-father?— "F.C." (Matiere).

A.: (1) The fact that the girl ls described m the policy under her .stepfather's name does not affect the right of the mother as next-of-kin to succeed to the policy moneys. (2) Yes.

Q.: I was adopted about 16 years ago, and am now rising 20. My adopted parents are now both dead, thus leaving me on my own. I would like to find out where and if my mother is alive so as to communicate with her. Could and where wouid I make inquiries? — "Lonesome" (Moa Flat.)

A.: You might see the polioe or advertise.

Q.: What majority -was necessary to carry Prohibition at the last Licensing Poll ? — "lnquirer" (Wellington) . A.: Three issues were submitted, viz. Continuance, State Control and Prohibition and the proposal for Prohibition was to be deemed to be carried if more than one half of the valid votes recorded at the poll -were cast In favor of It, i.e., the aggregate for Prohibition must exceed the aggregates for Continuance and State Control combined. MAINTENANCE Q.: 1. Can a man be made to support m any way his wife's parents? (they b,eing m poor circumstances). 2. Can he be made to support m any way her destitute brother or sisters? — "Mac." (Dannevirke.)

= be compelled to | agree? — "E.G." I (Hastings). | A.: No. The | matter is m his I discretion. But if I the land were | given to the sons 5 m fee simple, any

I son can apply to 1 the Supreme | Court to parti-

tion and the court